ENTERPRISE TAB WATCH

 

Results January 28, 2009

 

Planning Commission 7:00 P.M., Tuesday, February 3, 2009.

Board of County Commissioners 9:00 A.M. and 1:00 P.M., Wednesday, February 4, 2009.

 

The PC decisions/recommendations may be appealed to the BCC within five business days of the date of the PC hearing.  Appeal form is found at:

 

 Clark County Appeal Form

 

An appeal may be made in person at the Current Planning desk or by fax (702-455-3271).  Call Current Planning (455-4314) to find out how to file an appeal.

 

CALL TO ORDER*:

 

·    Introduce 2009 – 2011 By-Laws. The by-laws were introduced and held to 11 Feb 2009

·    Review and make any necessary changes to 2009 Enterprise Town Advisory Board meeting schedule   TAB Approved

 


February 11, 2009

February, 25, 2009

March 11, 2009

April 1, 2009

April 15, 2009

April 29, 2009

May 13, 2009

May 27, 2009

Jun 10, 2009

Jul 1, 2009

Jul 14, 2009

Jul 29, 2009

Aug 12, 2009

Aug 26, 2009

Sep 9, 2009

Sep 30, 2009

Oct 14, 2009

Oct 28, 2009

Nov 10, 2009 Tuesday

Nov 24, 2009 Tuesday

Dec 9, 2009

Dec 30, 2009


 

·    Presentation and recommendations for the Enterprise Town Advisory Board to conduct public hearings on how to buffer low to medium residential next to more dense uses.  The TAB will form a subcommittee to investigate this area.  Continued to 25 Feb 2009

Anyone interested in working on the residential buffering committee should contact Dave Chestnut at dave.chestnut@att.net

·    Presentation and recommendations for the Enterprise Town Advisory Board to conduct public hearings regarding performance bonds  TAB will continue this item on 11 Feb 2009  The following questions and possible solutions were proposed:

 

Questions:

·                        What is the purpose of a performance bond?

·                        When are the bonds required?

·                        What is covered by the bonds?

·                        How are the bonds funded?

·                        How does the county track the bonds?

·                        When can the bonds be called?

·                        How are bonds currently being used in the county?

Possible recommendations:

·                        Index bonds for current construction cost.

·                        Require the funds for bonds to escrowed or paid up front.

·                        Status reports to TAB, PC and BCC

·                        Define triggers when the county will collect the performance bonds and construct the infrastructure, etc.

·  County review for sufficiency of the bond amount.

 

PUBLIC COMMENTS:

 

None

 

02/03/09 PC

 

1.       UC-1157-08 – RICH, JOE:  TAB Approved: with conditions

1.      One year review.

2.      Five horses permitted.  As horses depart the property, they may not be replaced until  there are 5 or fewer horses.

 

USE PERMITS for the following:

 

1) increase the number of horses permitted;

2) eliminate the required landscaping;

3) eliminate the setback for a horse corral; and

4) reduce the pasture area

 

on 1.1 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the west side of Penny Lane, 150 feet north of Le Baron Avenue within Enterprise. 

 

This application was opposed by a resident directly to the west of this property.  The complaint was flies and the smell from the horses.  The horse stable area is concentrated along the western property line.  The horses are owned by a tenant on the property.  Both the property owner and the horse owner agreed to try different sanitation methods and not replace horses as they depart the property.  The TAB added a one year review to check on the progress of the sanitation efforts.  PC consent agenda Item # 7

 

2.       WS-1088-08 – COUNTY OF CLARK (AVIATION), ET AL:  TAB Approved with condition

          1.   The wall 200 ft north of the southwest corner to be 12 ft high with decorative iron above 12 ft.

 

HOLDOVER WAIVER OF DEVELOPMENT STANDARDS to increase perimeter wall heights in conjunction with an existing business and data support services facility within a distribution center on 17.3 acres in an M-D (Designed Manufacturing) Zone in the CMA Design Overlay District.  Generally located at the northwest corner of Decatur Boulevard (alignment) and the Union Pacific Railroad within Enterprise. 

 

The applicant wants the increased wall height for additional security.  The TAB had concerns about 18 ft high wall from an engineering and aesthetic point of view.  The TAB felt the additional wall height may discourage some businesses from developing the adjacent property.  The properties to the south and west are not developed.  The applicant has engineering plans for additional footer construction to support the additional wall height.   The decorative iron above 12 ft would provide the security sought and present a better visual effect. PC consent agenda Item # 11

 

3.       VS-1065-08 – VARGAS, ANGEL:  TAB Approved

 

HOLDOVER VACATE AND ABANDON easements of interest to Clark County located between Blue Diamond Road and Camero Avenue (alignment), and between Hinson Street and Valley View Boulevard in an C-2 (General Commercial) (AE-60) Zone in the MUD-2 Overlay District within Enterprise (description on file).  PC consent agenda Item # 9

 

02/04/09 BCC

 

4.       ZC-1152-08 - GALATIO, MICHAEL J.:  TAB Approved

 

ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to RUD (Residential Urban Density) Zone for a future residential use.  Generally located on the northwest corner of Dean Martin Drive and Irvin Avenue within Enterprise (description on file). 

 

The applicant owns four adjacent parcels.  Two of four parcels are currently RUD.  This request allows the owner to develop a project on 20 acres.  The RUD zoning provides for detached single family housing up to 14 units per acre. BCC morning consent agenda item # 5

 

5.       ZC-1153-08 – GALATIO, MICHAEL J.:  TAB Approved

 

ZONE CHANGE to reclassify 5.0 acres from R-E (Rural Estates Residential) Zone to RUD (Residential Urban Density) Zone for a future residential use.  Generally located on the northwest corner of Dean Martin Drive and Somerset Hills Avenue within Enterprise (description on file). 

 

Same item # 4.  BCC morning consent agenda item # 6

 

6.       UC-1426-07 (ET-0354-08) – CHURCH DEBREMIHRET ST. MICHAEL, ET AL:  TAB held with applicant approval until 11Feb 2009

 

USE PERMIT FIRST EXTENSION OF TIME to commence and review a place of worship.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) permit a place of worship that takes access from a local street (Ullom Drive);

2) screening of roof mounted equipment;

3) trash enclosure;

4) allow non-commercial curb cuts; and

5) allow a place of worship to not have access from a collector or arterial street.

 

DESIGN REVIEW to convert an existing residence to a place of worship with a rectory on 1.3 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the south side of Robindale Road and the east side of Ullom Drive within Enterprise. 

 

The applicant is making progress to resolve building permit problems.  The applicant and the TAB both agreed it would be best to continue this item.  BCC morning agenda item # 9

 

7.       WS-1147-08 – CHURCH DEBREMIHREY, ET AL: TAB held with applicant approval until 11 Feb 2009

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) eliminate landscaping;

2) allow non-decorative walls;

3) allow unpaved parking; and

4) reduce driveway throat depth.

 

WAIVER OF CONDITIONS of a use permit (UC-1426-07) requiring the construction of full off-sites on 1.3 acres in an R-E (Rural Estates Residential) Zone.  Generally located on the southeast corner of Robindale Road and Ullom Drive within Enterprise. 

 

The applicant is making progress to resolve building permit problems.  The applicant and the TAB both agreed it would be best to continue this item.  BCC morning agenda item # 10

 

8.       WS-1126-08 – CH ANGELUS I, II, III, AND IV LLC ET AL:  TAB Denied with condition.

          1.  If approved, the Waiver of Conditions be applied to the chapel design only.

 

WAIVERS OF DEVELOPMENT STANDARDS for the following:

 

1) reduced parking; and

2) increased wall height.

 

WAIVERS OF CONDITIONS of zone changes (ZC-1721-05) and (ZC-0314-05) requiring that all commercial buildings on the property shall be limited to a maximum height of 35 feet inclusive of architectural features

.

DESIGN REVIEW for a cemetery and accessory uses on 20.0 acres in a C-2 (General Commercial) Zone.  Generally located on the south side of Warm Springs Road, the north side of Eldorado Lane, and the east side of Buffalo Drive within Enterprise. 

 

This was the most contentious item of the night.  There was strong resident opposition to using the property as a cemetery.  There were no residents in favor of this plan.  The arguments against applications were the residents felt their property values would be degraded more by a cemetery than a business complex.  The design of the chapel was too high and bulky. Finally, some residents did not like the idea of living next to a cemetery.  During the discussion, the residents stated they thought a commercial center was a better property use.  The TAB questioned this view.  The residents stated that convenience store, gas station, car wash, tavern and other C-2 uses were acceptable alternatives.  The question is what would the resident opposition be if these uses were proposed on this property.

 

One TAB member felt strongly that the previous approval of C-2 zoning was based upon a commercial center and the current proposed use was too drastic of a change from the project which created the zoning.

 

The other TAB concern was removing the Waiver of Conditions (ZC-1721-05 and ZC-0314-05, December 05) restricting the building height to 35 ft.  It was confirmed by the staff member present that this waiver would remove the restriction from the original zone change.  If this project  is approved and then not built, the next project could go to 50 ft if the Waiver of Conditions is approved as stated.  The TAB recommended the 35 ft restriction be kept in place and if necessary grant the additional chapel height for this application only.  BCC morning consent agenda item # 25

 

PUBLIC COMMENTS:

 

NEXT MEETING DATE:

 

February 11, 2009   6:30p.m.

Location: Enterprise Library, 25 E. Shelbourne Avenue

Las Vegas Blvd. South

 

Addition items to be heard by the PC or BCC.  These items were previously heard by the Enterprise TAB or went directly to the PC/BCC.

 

PC CONSENT AGENDA:

None

 

PC AGENDA:

 

            None

 

BCC CONSENT AGENDA ITEMS (Morning):

 

BCC AGENDA ITEMS (Morning):

 

27.       ZC-1111-08 - VARIOUS:

HOLDOVER ZONE CHANGE to reclassify approximately 207.0 acres from R-E (Rural Estates Residential) (AE-60) (AE-65) Zone to R-E (Rural Estates Residential) (AE-60) (AE-65) (RNP-I) Zone to establish a Residential Neighborhood Preservation Overlay District in the CMA Design Overlay District.  Generally located on the north and south sides of Patrick Lane and the east and west sides of Lindell Road within Spring Valley (description on file). RR/al/mm

Comments from Spring Valley:

The time has arrived for us to see our long effort to establish an RNP Overlay in the area south of Russell and East of Jones. It is VERY important that as many people as possible attend as this effort has been long and difficult and is still opposed by the Planning Staff. They do not like the plan as it might make it more difficult or impossible for them to plan large dense developments in or directly abutting this established rural neighborhood. We, of course are focused on protecting the interests of those who live here now, have invested now and are committed now, not some group of assumed future residents in need of apartments, condos and another shopping center. We have reason to believe we have support of the majority of the County Commissioners, but the continuing efforts by Planning Staff to organize opposition is worrisome. For example, they have accrued requests from several parcel OWNERS (not residents) to be removed from this RNP. We must demonstrate our support for each other and the tradition of preserving so-called rural neighborhoods like this by limiting development to two houses per acre.

BCC (Afternoon):

 

37.      UC-1095-08 – CIMINO, PIETRO:    TAB approved Use Permits 1,2, and 4.  TAB denied Use permit 3:  Per staff conditions

 

APPEAL USE PERMITS for the following:

1) cumulative area of all accessory structures exceeding the footprint of the principal structure;

2) an accessory structure larger than half the building footprint of the principal structure;

3) an accessory structure not architecturally compatible with the principal structure; and

4) allow alternative roof pitch

on 1.3 acres in an R-E (Rural Estates Residential) (RNP-I) Zone.  Generally located on the east side of Placid Street, 300 feet south of Eldorado Lane within Enterprise. SS/kk/dr

The neighborhood was well represented and had several objections to how the owner maintained his property.  The neighbors wanted to insure the new building would blend into the area.  They also wanted the property cleaned up.  Their complaints included a chain link fence not removed after block wall construction, several RVs parked on the property and a continuous garage sale with junk in the front yard.

 

The TAB felt this type of structure is appropriate for the area.  Use Permit # 3 was denied to insure the structure is compatible with the surrounding area.  Several of the items brought up by the neighbors could be code violations and would need to be handled by public response. 

PLANNING COMMISSION RECOMMENDATION - APPROVAL –

Current Planning 

·         Accessory structure to be painted a color compatible to the principal structure;

·         Accessory structure to be setback a minimum of 15 feet from east property line;

·         All applicable standard conditions for this application type. 

·         Applicant is advised that any change in circumstances or regulations may be justification for the denial of an extension of time; and that this application must commence within 2 years of approval date or it will expire.  Southern Nevada Health District

·         Property owner is advised that a tenant improvement may be required with the Southern Nevada Health District for the proposed accessory structures.

 

39.       AG-0119-09:

That the Board of County Commissioners consider a request for acceptance of a Mixed-Use Text Amendment application, direct staff not to accept any mixed-use applications or pre-applications related to these properties and direct staff accordingly.

BACKGROUND:

 

Creel Printing and Publishing, Inc. (Applicant) a property owner of land north of Sunset Road, requests that the Board considers a request for acceptance of a Mixed-Use Text Amendment application to remove the MUD-3 designation from the properties bound by Jones Boulevard, 215 Beltway, Rainbow Boulevard and Sunset Road in Commission District G. The properties are located within Commissioner Reid's District and since the Commissioner has a conflict of interest with the applicant, the matter has been brought before the Board for consideration of acceptance of a Mixed-Use Text Amendment application based on Title 30 requirements (Section 30.16.050).

 

A Mixed-Use Text Amendment pre-application (MUDTA-0007-07) to change the current designation from MUD-3 to MUD-2 has been filled and a conference was conducted on February 7, 2007 for parcels 176-02-501-001 thru 006 and 010 thru 016. However, no subsequent Text Amendment application was filled thus the pre-application has expired.

 

Staff recommends that the Board directs staff not to accept any mixed-use applications or pre-applications related to these properties until a final decision is rendered in this matter or instructed otherwise

 

40.       ORD-0065-09:

That the Board of County Commissioners introduce an ordinance to consider adoption of a Standard Development Agreement with Durango Warm Springs, LLC for a commercial development (Desert Marketplace II).

An ordinance to adopt a Standard Development Agreement with Durango Warm Springs, LLC for a proposed commercial development generally located on the south side of Warm Springs Road, 330 feet and 1,300 feet east of Cimarron Road within the Northeast Quarter (NE1/4) of Section 9, Township 22 South, Range 60 East within the boundaries of the Town of Spring Valley and providing for other matters properly related thereto.

 

43.       ORD-1739-08:

An ordinance to amend the official zoning map reclassifying certain properties as approved by the Board of County Commissioners through various zone change applications on December 3, 2008.

 

ZC-1039-08

From H-2 (General Highway Frontage) Zone to R-E (Rural Estates Residential) Zone (RNP-I). The NW 1/4, NW1/4, NW1/4, NE1/4 of Section 24, Township 22 South, Range 60 East.

 

GENERALLY LOCATED:         SOUTHEAST CORNER OF LINDELL ROAD AND PEBBLE ROAD.

APN:     176-24-501-001

            This is the final step of 18 months of work to square off one corner of this RNP.

 

The statements, opinions and observations expressed in this document are solely those of the author.  The opinions state in this document are not the official position of any government board.  The project descriptions, ordinances board/commission results are reproduced from publicly available Clark County Records. This document may be freely distributed and reproduced as long as the author’s content is not altered.  Additional comments maybe added.  Additional comments must be clearly attributed to the author of those comments and published or reproduced with the document.  This attribution statement must accompany any distribution of this document.

 

David D. Chestnut, Sr.